Georgia Governor Kemp signs legislation requiring prisons to verify inmates’ immigration status

Georgia Governor Brian Kemp recently signed a law requiring prison guards to check the immigration status of prisoners and cooperate with federal immigration officials instead of protecting those in the US illegally. The bill was signed at the Georgia Public Safety Training Center in Forsyth, with most provisions taking effect immediately. Another law signed by Kemp requires cash bail for an additional 30 crimes and limits the number of individuals for whom bail funds can post cash bonds. Immigration law was a top priority for Kemp following the death of a nursing student at the hands of someone who was in the country illegally.

The suspect in the case, Jose Ibarra, entered the United States unlawfully in 2022 and was arrested for murder and assault in the nursing student’s death. Kemp stressed that those who enter the country illegally and commit further crimes will not go unpunished. The bill drew criticism from Democrats concerned about turning law enforcement into immigration policing and potentially discouraging communities from cooperating with police and reporting crimes. Research has shown that immigrants are less likely to commit crimes than native-born Americans, and that local governments will be denied government funding if they do not cooperate with the law.

Under the new law, prisons are required to obtain an agreement with U.S. Immigrations and Customs Enforcement (ICE) so that local jailers can help enforce immigration laws. However, local jailers are not allowed to make immigration-specific arrests outside of prisons. In addition to the changes to immigration-related procedures, the bill also requires criminals to be held on bail to keep them in custody. This is a departure from previous policies that allowed judges to release most people charged with crimes without bail. Supporters of the bill argue that judges still have the discretion to set low bail amounts, and that a provision requiring judges to consider an individual’s ability to post bail would remain in effect.

The new laws, signed by Governor Kemp, mark a shift in Georgia’s approach to immigration enforcement and bail policies. The bill, which requires cooperation with federal immigration officials, aims to hold those in the country illegally accountable for their actions, especially in cases where they commit further crimes. The cash bail law will ensure that those accused of crimes are held in custody, a departure from previous policies that allowed the release of many misdemeanor offenders without bail. These laws have sparked debate and controversy among lawmakers and advocates, highlighting the complex and controversial nature of immigration and criminal justice policies.